Please help me figure out my case for small claims court?

Question

Okay read my previous question about the small claims to be updated...

so basically this couple moved into the apartment but they did not remove the name of the person they took the lease over from from the water bill. So they told us when we were going to move in and take over his lease, that they dont get any bills. the bill was under the other guy's name so thats why they didnt get it and (i think the leasing people said, it is your responsibility to have the names changed) so I got this bill 2 months after move in and the couple's move out, to pay a 8 month long bill, in which we only lived for 2 months. They would owe us the 6 months but would it be a problem in court if the bill was under the very first guy's name? Does it matter who's name it was as long as the bill was for that apartment? (the leasing people said it doesnt matter cuz its still our apartment). will this be a problem in our case in small claims court?

P.S: They were the only ones living there for the 6 months even if the bill was under that first guy's name. I can prove that they were the only ones there (as I saw the lease before we were added and it was just their names). That first guy signed off as soon as this couple moved in and this couple signed off as soon as we moved in.

I tried to get them to change the name on it. I wasnt seeking to get free water. The first guy signed on the couple as roommates on his lease then he signed off so the apartment would be just in the couple's name. This couple then signed us on 6 months later (all that time getting free water since the bill was in the other guy's name and they werent getting anything in the mail). Then we move in and get this bill by the leasing people 1 month after move in (so it wasnt like I was trying to write it off) but I told them that this letter is addressed to someone I dont know and I called the couple to ask them about it and they told me this whole thing. So I asked them to give me a bill which showed how long its been going on (for how many months) and it took them another month. They just sent me another letter next month stating how much we owed including that month. I was not trying to get out of paying any water bill. Please let me know if there is anything I can do.

*edit: the couple was still on our lease until the end of the leasing term as co-signers.

Answer 1

You can try to sue the couple, on the basis that they benefited from your detriment; you had to pay for services they received.

However, I am sure they would be hard to find. And enforcing a judgment in your favor would be tough, as well.

You probably would be unsuccessful in suing the leasing company, or the owner of the residence, because they did nothing wrong.

You were noticed by the leasing company that changing the billing account to your name was necessary upon moving into the place. However, you finally received the bill after two months of residency. Did you expect to be able to get free water? Or did it take 2 months for the water company to send to you your first bill?

Secondly, I would not have paid for the six months of service. I would have sent the water company a copy of my lease agreement, with a cover letter stating that I should only be charged for two months of use.

Good luck!

Answer 2

It depends on who you sue and what the lease actually says and whether or not the owner/manager was aware you were assuming the lease.

The bottom line is that the people that lived there are responsible, and it really doesn't matter whether they ever got a bill or not. The owner may also be liable to you if they participated in the assumption of the lease and didn't tell you about the utilities.

Your mistake was paying the bill. You should have agreed to pay the best estimate of the amount since you moved in, but you could have said "Hey, that's not in my name, I'm not paying it, switch it to mine as of now." Then someone else would have had to sue you for the two months.

Is six months of water really worth going to court over?

Answer 3

You're talking to the wrong people to settle your problem - as your leasing people are wrong. It does matter whose name the bills are in. And if it isn't your name on the bills you are not responsible for them, especially if they were created by the previous tenants. You are only responsible for the months you used. They are right in part that it is your responsibility to change the services into your name before or when you move in.

My suggestion is to go to the water utility board office with everything you have. They should be able to at least sort the majority of this out for you. Perhaps even resolve it all.

Answer 4

The tenant that is moving out is required to have his/her name removed from all utilities.

It is the landlords responsibility to make sure this is done.

It is the NEW tenants responsibility to make sure the former tenant and the landlord have done what they were supposed to do.

So, in this case, the tenant that moved didn't do what he was supposed to do and the landlord didn't check... The second tenants didn't care because they "weren't getting billed"..(a bill was coming but it wasn't in their name so, recognizing a good thing when they see it, they tossed the bills and didn't bother paying). Then you come along any buy into the whole thing...perfectly willing to also NOT pay the bill..

Now it's time for everyone to pay the piper..nobody is entitled to free utilities...and guess who gets the bill....

Your issue is with the first tenant (he won't care), the landlord (he probably doesn't care either) and the people who lived there right before you moved in (you already know they don't care)...so I guess you'll have to pay it.

Crime doesn't pay....